Legal Question in Medical Leave in California

Come back or resign!

I have been off on disability for 4 months at this time, with clearance for one additional month. Today I was informed by my employer (for the first time) not only that I was on FMLA, but that they were no longer able to hold my job for me and that they need me to resign unless I come back now. My question is- First of all, can they inform me after four months time and if so can they make me resign. I've been told either come back now or resign.

Thank you


Asked on 3/04/04, 5:03 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Come back or resign!

You have already reached the max FMLA leave under the law. Beyond that, it is up to the employer's policies whether they 'hold' your job or terminate.

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Answered on 3/09/04, 6:07 pm


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